O julgamento imediato do mérito pelos tribunais como instrumento de gestão para eficiência processual

Abstract

Based on a bibliographic research and having case management and the constitutional model of the processas a theoretical framework, we seek to raise factors of recourse and the crisis of effectiveness of the process in Brazil, with a survey of causes and effects. In addition, it seeks to establish conceptual assumptions regarding the reasonable duration of the process, the effectiveness of the protection of rights, procedural justice and the efficiency of the judicial service, understanding efficiency in a broad way, in a vision that encompasses both the rationalization of the use of resources available for handling cases, as to the legitimacy and fairness of the procedure. It is also intended to know the case management, to understand if it is a duty of the judge in the conduct of the process and to determine how it can contribute to the procedural efficiency, including the existing mechanisms of procedural management by appeals courts. When entering the theme of the immediate judgment of the merits, the concept and evolution of this technique in Brazilian law is raised and its compatibility with the constitutional model of process is analyzed. Finally, it investigates whether, and to what extent, the immediate judgment of the merits integrates the management of the process and how such a judgment technique contributes to procedural efficiency, preserving the guarantees of the fair trial. Also, resistance factors to the application of the technique of immediate judgment of merit are raised and an attempt is made to build parameters for the application of the technique, in order to respect the constitutional guarantees of the process, overcoming the obstacles to its application. After qualitative research, using the inductive method and knowledge of different areas of law, such as Economic Analysis of Law, Civil Procedural Law and Constitutional Law, it is shown, in the end, that the immediate judgment of the merits by the courts promotes the reasonable duration and effectiveness of the process, reduces the time and costs of the process, preserves constitutional guarantees, thus constituting a management tool for procedural efficiency.